Town of Kingsbury, NY
Washington County
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By the authority of the resolution of the Town Board of the Town of Kingsbury, adopted on December 8, 1980, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Kingsbury is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County and to conditionally approve preliminary plats within the Town of Kingsbury. It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the Town. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that proper provisions shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Master Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds. In order that land subdivision may be made in accordance with this policy, this part which shall be known as and which may be cited as the "Town of Kingsbury Land Subdivision Regulations" have been adopted by the Planning Board on November 19, 1980, and approved by the Town Board on December 8, 1980.
For the purpose of this part, certain words and terms herein are defined as follows:
A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
Washington County.
A street or a portion of a street with only one vehicular traffic outlet.
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
A person licensed as a professional engineer by the State of New York.
A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic-generating areas.
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.
A comprehensive plan, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Town and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
A street intended to serve primarily as an access to abutting properties.
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance,[1] if such exist, or this part. Successive minor subdivision may be considered as a major subdivision.[2]
The Planning Board of the Town.
A drawing or drawings clearly marked "preliminary plat" showing the salient features of a proposed subdivision, as specified in Article IV, § 240-21, of this part, submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
A sketch of a proposed subdivision showing the information specified in Article IV, § 240-19, of this part to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of this part.
Includes streets, roads, avenues, lanes or other trafficways between right-of-way lines.
The wearing or exposed surface of the roadway used by vehicular traffic.
The width of right-of-way measured at right angles to the center line of the street.
Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways, and includes resubdivision.
[Amended 6-27-1988; 3-13-2000 by L.L. No. 3-2000]
This shall not apply to the sale of a small amount of land to correct the boundary of a lot if such sale or exchange does not create an additional lot according to the zoning regulations.[3]
A division of lands into parcels of three acres or more, each having a lot width of 300 feet or more at the setback line along a Town, county or state road, with utilities, or the division of any parcel fronting on a residential district into two lots, each conforming in every respect to the dimensional requirements of the zoning district in which it is located, shall not be a subdivision under this part.
In or to be exempt under Subsection B of this definition, the applicant shall provide to the Code Enforcement Officer a Mylar plot plan demonstrating compliance with this section. Thereafter, said Mylar plot plan shall be filed with the County Clerk in the County of Washington.
A drawing, in final form, showing a proposed subdivision, containing all information or detail required by law and by this part to be presented to the Planning Board for approval and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk.
A person licensed as a land surveyor by the State of New York.
The Town of Kingsbury.
The duly designated Engineer of the Town.
Editor's Note: See Ch. 280, Zoning.
Editor's Note: The definition of "Official Map," which immediately followed this definition, was repealed 3-13-2000 by L.L. No. 3-2000.
Editor's Note: See Ch. 280, Zoning.